WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

I wonder... did the state not really think this through? Or are they just blatantly forum shopping as it would appear? Judge Rosa Rodriguez has presided over presumably thousands of cases since the resolution of her issues with the JQC many years ago. She has done so fairly, swiftly, and is generally considered to be one of our better judges. (That llist is unfortunately getting smaller by the year).

The judge this was originally before was in the midst of a JQC complaint all during the pre-trial preparations and just completed the JQC issues as it was sent to back-up. They did not seek to recuse the original judge whose issues with the JQC were ripe.

Judge Rodriguez is a good judge. She is a fair judge. She gives a good, clean trial. The state's actions in this matter do not pass the smell test.

At least Sisselman has the courage to allow the use of his name. The rest of you are scared of your own shadow. So hurry up and go plead your clients guilty because you lost the nerve to go to trial years ago. Pussies.

HR Hey If you want to hear crap about Judges come to me and ask me about the particular Judge and I will till you what I think. I have been in front of alot of crap Judges and will happily give you my opinion on them. BUT I think if I have a good opinion on a Judge who I think is unfairly being bashed I get to say so. Many Attys have asked me directly about Tunis, Eig , Butchko, Dresnick, the list of Judges I have been infront of goes back 25 years and I have seen the Great, The Good and the Ugly. DSpsI think The Best was McGinnis.pssIt seems alot of others think Rosa is a good one, also!

It does not matter whether the motion is legally sufficient or not. The real question is: Why does Rosa Rodrguez refuse to get out of harm's way.

Before she refused to disqualify herself in the "Elian" case because of her ties to Armando Guttierez and held the hearing with the horrible ruling made for political purposes, there was a close out memo on the State Attorney's desk on her investigation.

By ruling, she gave someone who had it in for her the incentive to call the press and on the ABC World News that night, the investigation was disclosed. KFR recused herself and we all know what happened after that, including Rosa's ruling in "Elian" being reversed.

Golden Rule: Get out when you can and avoid the issues that go with it. Now everything about 1998 will re-exmained in the State's Writ of Prohibition action before the 3rd DCA.

Rosa, don't take it personal, it is strictly business. Take the safe route for you and the case. Send it to another backup judge.

Why would any judge worth a damn allow the state, or the defense for that matter, dictate which judge hears a case? (AKA forum shopping!) Why would Judge Rodriguez SAY she can't be impartial when everyone knows that she CAN BE.

Kudos to her. I wish we had more like her! ANd it IS personal. If it wasn't personal, they would have moved to recuse Colodny when she had the case AND WAS BEING INVESTIGATED AND REPRIMANDED for a similar type of matter.

11:58: What a tool you are. The Third District affirmed Judge Rodriguez's denial of the motion to disqualify. But, your solution is really an execllent one. Anytime that an ASA wants to slander you to get to Easy Street, recuse yourself so that the case will go to Special ASA Jacqueline Scola. Nice thing about her trials is if the ASA on duty gets sick, no problem, Judge Scola will cover for you.

11:58 here - no, Judge Rodrguez was not affirmed on the motion to disqualify, the writ of prohibition was denied as moot when the federal court determined that Elian was subject to deportation and he was taken into federal custody.

As to the later comment, I never said that Rodriguez could not be impartial, although I think that is a question which remains open. What I said was, she does not seem to know when to get out of harm's way. This is a situation which lends itself to the whole 1998 issue being rehashed by the State in a Petition for Writ of Prohibition. Why do that to yourself and distract from the case?

Lastly, Colodny was being investigatged by the JQC as Rodriguez was, however Rodriguez was charged with criminal offenses by the State Attorney and Colodny was not. BIG diffenence.